Loading...
2014-09-25Regular September 2014 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held September 25, 2014 BE IT REMEMBERED, that on this 25th day of September, A.D., 2014 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael Pfeifer County Judge Roger Galvan Commissioner, Precinct #1 Vern Lyssy Commissioner, Precinct #2 Neil Fritsch Commissioner, Precinct #3 Kenneth W. Finster Commissioner, Precinct #4 Farleigh Sutton Deputy Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. APPROVE MINUTES OF AUGUST 14, 2014 AND AUGUST 28, 2014 MEETINGS: Commissioner Galvan made a motion to approve minutes of August 14, 2014 and August 28, 2014 meetings. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Regular August 2014 Term Held August 14, 2014 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this 14th day of August, A.D., 2014 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael Pfeifer County Judge Roger Galvan Commissioner, Precinct #1 Vem Lyssy Commissioner, Precinct #2 Neil Fritsch Commissioner, Precinct #3 Kenneth W. Finster Commissioner, Precinct #4 Farleigh Sutton Deputy Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. REPORT FROM MEMORIAL MEDICAL CENTER; Jason Anglin, CEO Memorial Medical Center: Mr. Anglin stated they had a positive net income of $207,298 for the month of June, increasing the net income for the year to $509,374. Also included in June was $172,834 for 2008 re -filed cost report for the self -funded insurance correction, which also helped make June a positive month. As for the New Clinic Project, Jason spoke with Larry with K&T Construction and he's looking at September 16 for the bid opening process. The Physical Therapy Department is currently undergoing a transition; in the past they used a Contract Company to manage the department and now effective September 23 they will self manage the department. The hospital has hired a Physical Therapy Director and Coordinator for the Department. Mr. Anglin anticipates this transition will save them about $250,000. With this transition the board authorized Jason to spend up to $65,000 to purchase equipment. Diane Moore, CFO Memorial Medical Center: Ms. Moore started off informing the Court of more financial highlights. June's total patient revenue was $5,872,389 which was one of the highest so far for the year. On the re -filed cost reports they are now up to date and recorded In the books except for 2013 which they are working on right now. In their bank account dropped a bit at the end of June and July due to paying for some different Waiver Funds, all the money was received back and to a positive $500,000 in the bank as of August 1. Their receivables did increase in June, but dropped significantly in July and down a total of $500,000 by the end of July. Regular August 2014 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held August 28, 2014 BE IT REMEMBERED, that on this 28th day of August, A.D., 2014 there was begun and holden in the Commissioners' Courtroom in the County Courthouse In the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to -wit: Michael Pfeifer County Judge Roger Galvan Commissioner, Precinct #1 Vern Lyssy Commissioner, Precinct #2 Farleigh Sutton Deputy Clerk Commissioner Fritsch and Commissioner Flnster were not present. Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Lyssy led the Pledge to the US Flag and led the Pledge to the Texas Flag, MINUTES OF JULY 10, 2014, JULY 14, 2014 AND JULY 24, 2014 MEETINGS: Commissioner Galvan made a motion to approve minutes of July 10, 2014, July 14, 2014 and July 24, 2014 meetings. Commissioner Lyssy seconded his motion. Commissioners Galvan, Lyssy, and Judge Pfeifer all voted in favor. APPOINTMENT OF VETERAN'S SERVICE OFFICER: Commissioner Fritsch stated that there were a couple of individuals interested in the Veteran's Service Officer Position. Ron Langford is the gentlemen that Commissioner Fritsch proposes to be appointed as the Veteran's Service Officer. He is past Commander of the American Legion and also working with the disabled Veteran's at this time processing claims; he is working towards testing and getting his license to help veterans and fill out claim forms. Mr. Langford spoke briefly about his Military background. He stated he has been working with the American Legion for about 12 years now. He is retired Air Force with more than 20 years as a lifer in the Air Force. Mr. Langford had numerous jobs in the Air Force, from a Logistics Officer to Disaster Preparedness to Missile Launch Officer to Missile Maintenance Officer. His training and experience for the Veteran's Service Officer comes through the DAV and also the process of being trained and certified by February of next year. His passion is to help our Veteran's and that is what he would like to do with this particular position. Some of his expectations for the job are to have regular business hours so the Veteran's will know when they are in the office. He wants to help them in any way possible even if this means traveling to different cities in Texas to get that Veteran the help they need. He also would like to serve the spouses, widows or those who have supported a Veteran. His mission is to help all Veteran's obtain all the benefits they need and to do it as quickly and efficiently as we can. Mr. Langford will start this position as soon as possible. Commissioner Galvan recognized Jack Mageluzzo, Commander of the VFW also who is in support of Ron Langford. Commissioner Galvan made a motion to approve appointment of Ron Langford as Veteran's Service Officer. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Rile From: Neil E. Fritsch <nefritsch @yahoo. com> Sent: Friday, September 05. 2014 8:08 AM To: Judge Mike Pfeifer; Susan Riley Subject: September 11 Agenda Please add the following agenda item for Commissioners Court, September 11. We may pass on this, but I'd like to fill soon. " Consider and take necessary action to appoint Veterans Service Officer." Thank you, Neil E. Fritsch Commissioner Calhoun County, Precinct 3 Past President, South Texas County Judges and Commissioners Association 361-893-5346- Office Sent from my iPhone i GENERAL ORDER REGARDING DISBURSEMENTS FROM COUNTY ENERGY TRANSPORTAION REINVESTMENT ZONE INCREMENT FUND AND AUTHORIZE ALL APPROPRIATE SIGNATURES: Judge Pfeifer made a motion to approve General Order Regarding Disbursements from County Energy Transportation Reinvestment Zone Increment Fund and authorize all appropriate signatures. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ALLISON, BASS & Magee, L.L.P. Qkl:oicrl.r mt Y.9, A. O. WATSON HOUSE JAMES P. ALLISON 402 WEST 121" STREET PHILLIP L. LEDBETITR ,a011- a 1111 n-bae<.mm AUSTrN, TEXAS 78701 yJwlOefmr(a�allivui-0_�ss.ciim ROBERT T. BASS (512) 482-0701 ERIKA B. HIME i�JP se�a�ui�iian-baxv.cum FAX (512) 480-0902 e6imeCrPnllyv�n-��1 J. ERIC MAGEE CARAH-BETH BASS f 9 n)flillcp 1':.fg1 f.�1115i(()A��ISOII-11fl5Sf0O1 September 5, 2014 Dear Commissioners Court Members: We have received several inquiries concerning the effect of AG Opinion GA-1076 concerning constitutional questions related to funding of County Energy Transportation Reinvestment Zones (CETRZ). This memo will address the effect of the Opinion and some options available to counties. It is important to understand the general effect of an opinion of the Attorney General. Such opinions are advisory and do not have the effect of a court decision. An opinion of the Attorney General does not nullify an act of the legislature. While the courts will give considerable weight to an AG opinion, the courts are not bound by its reasoning or conclusion. No court has rendered any decision on the constitutionality of Section 222.1071, Transportation Code, as added by Senate Bill 1747. If the courts are presented with the question, they must attempt to apply an interpretation and construction of the statute that does not offend the Constitution. Attorney General Opinion GA-1076 utilizes the principle that legislation that compels the use of general tax revenue in a particular geographic area of a taxing entity violates the "equal and uniform" taxation provisions of Article VIII, Section 1-g(b), Texas Constitution. The Opinion concludes that "a county's use of tax increment financing to fund transportation projects in a county energy transportation reinvestment zone could be subject to challenge under the equal and uniform taxation requirement in Article VIII, section 1(a) of the Texas Constitution (emphasis supplied). The Attorney General reached this conclusion by construing Section 222.1071 as requiring that all CERTZ increment funds be utilized solely on transportation project within the CERTZ: "Tax increment funds may be used ... for zone infrastructure projects."(citing Section 222.1071(i)). The Opinion did not discuss the broader language in Section 222.1071(c) which states: "A commissioners court must:... dedicate or pledge all of the captured appraised value of real property located in the county energy transportation reinvestment zone to transportation infrastructure projects...." The sponsors of SB 1747 have asserted that since damages to county roads will not be confined to the CERTZ, the increment fund is available for projects throughout the county. Although the language in the bill may be ambiguous and confusing, any constitutional issue can be avoided by utilizing the CERTZ increment fund for transportation projects throughout the county. There have been some suggestions that counties should rescind the creation of the CERTZ in response to this Opinion. Such action could have unanticipated results. First, it is not clear that a CERTZ can be rescinded or abolished within the first 10 years of its creation. Second, since creation of a CERTZ is a statutory requirement to receive a transportation infrastructure grant from TxDoT, rescinding the CERTZ could jeopardize the grant to the county. September 5, 2014 Pu,>c- 12 Since no court has adopted the construction utilized by the Attorney General, we advise that counties continue to utilize the CERTZ and create the Tax Increment Fund as provided in Section 222.1071. Before expending any funds from the CERTZ increment fund, the Commissioners Court should adopt an Order determining that 1) the funds are available and will be utilized for transportation infrastructure projects throughout the county and 2) the support and funding of transportation infrastructure projects are within the general governmental powers and responsibilities of Texas counties under the statutes and state constitution. Attached is a sample Order that will assure a constitutional utilization of the increment fund. Upon adoption of this Order, the increment fund may be utilized for any transportation infrastructure project in the county. The Attorney General Opinion did not involve the TxDoT County Infrastructure Grant program. The TxDot Grant application did require the formation of a CETRZ as a condition of eligibility, but the Attorney General opinion has no relation to the TxDot Grant Funds. Those funds are available for immediate distribution. Counties should begin invoicing for the TxDot grant funds for reimbursement as soon as you receive authorization to proceed with construction. You may invoice for the TxDot Grant funds between the 15'h and 25th of each month for expenses incurred and paid on projects listed on the prioritized project list. If you have questions regarding these matters, please contact us. Sincerely, tom, obert T. ss RTB/afb Enclosure IN THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS GENERAL ORDER REGARDING DISBURSEMENTS FROM COUNTY ENERGY TRANSPORTATION REINVESTMENT ZONE INCREMENT FUND BE IT REMEMBERED, that on the 30th day of January, 2014, this Commissioners' Court created a County Energy Transportation Reinvestment Zone pursuant to §222.1071 of the Texas Transportation Code. Prior to the distribution of any funds from the increment fund of the County Energy Transportation Reinvestment Zone, the Commissioners Court of Calhoun County, Texas, makes the following findings: (1) Funds available within said increment fund will be distributed and will be utilized for transportation infrastructure projects located throughout the political boundaries of Calhoun County, Texas, and (2) The support and funding of transportation infrastructure projects is a general governmental function delegated to the Commissioners Court of Calhoun County, Texas and authorized by the Texas Constitution and statutes. (3) All disbursements from such fund shall be specifically authorized by separate order in conformity with these general provisions. Dated: Sentem'ber 25. 2014 Attest: /1 ;sio 9r,VPrecin Commissioner, Precin 2 ioner, Precinct 3 Commissioner, Precinct 4 County Clerk, Calhoun County, Texas p'; ; p r_; e-n FLOOD DAMAGE PREVENTION ORDER AND AUTHORIZE ALL APPROPRIATE SIGNATURES: Ladonna Thigpen stated in the packets on the Flood Plain Order there are a few changes which are highlighted in red. There are areas at the beach and Port O'Connor that are going from a B Zone to an A Zone, which may be a concern and is addressed in the Flood Plain Order. Also, along the Guadalupe River it is going from an A Zone to a Floodway and requires a No Rise Certificate from an engineer to build or develop this area. The order has to be adopted before the maps go into effect on October 16, 2014. One of the major changes she included in the packet was for Mobile Homes which are a big concern. If a Mobile Home gets wet it is pretty much destroyed, therefore instead of measuring it from the bottom of the home, she now has it measuring from the bottom of the I-beam, therefore it will now be about a foot higher than normal; this will be a new requirement in the for the Flood Plain. Commissioner Finster asked Ladonna to explain the Guadalupe River going to a Flood Plain. She stated Victoria has done a study, which we have not, in the Guadalupe River up almost to highway 185 is a Flood Plain. Instead of us having to do a detailed to study, it's logical that it's not going to stop at highway 35; it's going to come all the way down. What Ladonna did in the Flood Plain Order is she just put it from the bayou all the way down to the river bottom. If they want to build after October 16, 2014, they will have to do a No Rise Certificate, which means they will go to an engineer and state they will not put any rise in the water level there at the Guadalupe River so it will not cause a backup. Commissioner Galvan stated what this is going to do is lower a lot of the prices and be more affordable. Judge Pfeifer made a motion to approve Flood Damage Prevention Order and authorize all appropriate signatures. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. More R. • •' SECTION I. CERTIFICATION OF ADOPTION Cam!7&*AU_V 1 L- Neil F itsch Precinct #3 Call o n County Commissioner PASSED: Adopted September 25, 2014 .1 er my Judge Vern Lyssy Precin - #2 Calhoun County Commissioner v Kenneth W. Finster Precinct #4 Calhoun County Commissioner ORDER BECOMES EFFECTIVE ON: October 16, 2014 I, the undersigned, County Clerk, do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the Calhoun County Commissioners' Court, at a regular meeting duly convened on September 25, P-113CI 1� Anita Fricke Calhoun County Clerk 25 Calhoun County Emergency Management 211 South Ann Street, Suite 301 Port Lavaca, TX 77979-4249 Phone: 361-553-4400/Pax: 361-553-4444 e-mail: ladonna.thigpen@ealhouncotx.org September 10, 2014 Commissioner's Court RK Agenda Item Please place the following Flood Damage Prevention Order on the Commissioners' Court agenda for September 25`h, 2014. "Discuss and take necessary action to adopt the new Floodplain Order for Calhoun County and authorize the County Judge and Commissioners' to sign." Thank you, r LaDonna Thigpen 60.3(d) &, (e) FLOOD DAMAGE PREVENTION ORDER ARTICLE I SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners' Court of Calhoun County, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Calhoun County are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Floodplain Order uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. z ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this order shall be interpreted to give them the meaning they have in common usage and to give this order its' most reasonable application. APPEAL - means a request for a review of the Floodplain Administrator's interpretation of any provision of this Order or a request for a variance. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high -velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. 3 BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. COASTAL HIGH HAZARD AREA - means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources, including, but not limited to hurricane wave wash or tsunamis. The area is designed on the FIRM as Zone V 1-30, VE, or V. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means, for insurance purposes, a non -basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. ENCLOSURE - that portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by ridged walls. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective 4 date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. E FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose order (such as a floodplain order, grading order and erosion control order) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY - see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a rA district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME/MOBILE HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle" MANUFACTURED HOME/ MOBILE HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 7 MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MODULAR BUILDING - a building that is usually transported to its site on a steel frame or special trailer because it does not have a permanent chassis like a manufactured (mobile) home. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Utilities must include electricity, water, and sewer. PRIMARY FRONTAL DUNE - means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RECREATIONAL VEHICLE PARK - means a recreational vehicle park for which recreational vehicles are to be parked and the space rented for RV use or 8 an existing RV that is being rented. The installation of utilities must include electricity, water and sewer. REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SAND DUNES - mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 9 SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." UTILITIES - whether inside an attached garage or outside the building, all utilities, appliances and equipment must be elevated above the BFE or protected against flood damage. Utilities include plumbing, electrical, gas lines, fuel tanks, heating and air condition equipment. VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDER APPLIES 10 The order shall apply to all areas of special flood hazard with the jurisdiction of Calhoun County. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Calhoun County, Texas, and Incorporated areas" dated October 16, 2014, with accompanying Flood Insurance Rate Maps (FIRM) dated October 16, 2014 and any revisions thereto are hereby adopted by reference and declared to be a part of this order. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this order. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this order and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This order is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this order and another order, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this order, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this order is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This order does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This order shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this order or any administrative decision lawfully made hereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator is hereby appointed to administer and implement the provisions of this order and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this order. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this order. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there 12 appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the 13 location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1); (2) Approval or denial of a Floodplain Development Permit by the Flooplain Administrator shall be based on all of the provisions of this order and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 14 (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this order. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this order, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this order (Article 1, Section C). 15 (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or orders. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION IN SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (S), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to 17 the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures in Zone A - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes/Mobile Homes/Manufactured Buildings - (a) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured 18 homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the bottom of the I-beam of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (6) Recreational Vehicle Parks - must comply with the requirements discussed below. E (1) A written emergency evacuation plan that includes maps and alternate vehicular access and egress routes. The plan must be approved by the Floodplain Administrator and must be posted at various locations throughout the RV Park and shall be distributed to the RV operator/owner upon entering the Park (2) An emergency warning procedure. Examples include a public address system, siren or on -site resident. (3) RV's shall be required to remain moveable. No RV shall be allowed to remain in the Park when placed on permanent blocks, when tires are revoked, or when tires are flat. (4) Egress of RV's should not be prevented by stored or fixed items, including but not limited to stairs or porches. (5) Each RV should be capable of evacuation at all times. For those RV's that are self -powered, they should be kept in running condition. For those RV's that are dependent on external power, a tow -axle vehicle that is kept in running condition must accompany them. (6) All permanent structures at the Park, including but not limited to, restrooms, office facilities and laundry facilities must meet the local requirements to include elevation, sewerage and utilities of the Calhoun County Floodplain Order. (7) Roads and streets in the RV Park shall be at least 20 feet wide and shall be constructed of suitable materials to ensure the roads remain passable in all weather conditions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home/mobile home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this order. (2) All proposals for the development of subdivisions including the placement of manufactured home/mobile home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this order. 20 (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home/mobile home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this order. (4) All subdivision proposals including the placement of manufactured home/mobile home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home/mobile home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. The areas along the Guadalupe River are in a Floodway. All development North or South of Highway 35 to include Guadalupe Oaks Subdivision and River Ranch Development and all areas South of Highway 35 between Goff Bayou 21 and the Guadalupe River would be considered a floodway and require a No Rise Certification from an engineer to build or develop this area. SECTION E. COASTAL HIGH HAZARD AREAS Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as Coastal High Hazard Areas (Zones V1-30, VE, and/or V). These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this order, the following provisions must also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The Floodplain Administrator shall maintain a record of all such information. (2) All new construction shall be located landward of the reach of mean high tide. (3) All new construction and substantial improvements shall be elevated on pilings and columns so that: (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of (3)(i) and (ii) of this Section. (4) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, 22 displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (i) breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (ii) the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (5) Prohibit the use of fill for structural support of buildings. (6) Prohibit man-made alteration of sand dunes and mangrove stands that increase potential flood damage. (7) Manufactured Homes/Mobile Homes/Trailers - Prohibit the placement of manufactured homes/mobile homes/trailers in V Zones. (8) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the requirements in Article 3, Section C of this order and paragraphs (1) through (6) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 23 SECTION F. SEVERABILITY If any section, clause, sentence, or phrase of this Order is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Order. SECTION G. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Calhoun County from taking such other lawful action as is necessary to prevent or remedy any violation. 24 TRANSFER OF SEADRIFT PIER, AND AUTHORIZE COUNTY JUDGE TO SIGN ALL NECESSARY DOCUMENTS TO INCLUDE QUIT CLAIM DEED: Commissioner Finster stated this is a wonderful project with beautiful landscaping around it. He also stated he along with the City of Seadrift appreciate the Court's support and help to complete this project. Commissioner Finster made a motion to transfer the Seadrift Pier to the City of Seadrift, and authorize County Judge to sign all necessary documents to include Quit Claim Deed. Commissioner Lyssy seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. InroryomtedDn be 27,1915 CITY OF SEADRIFT Post Office Box 159 Seadrift, Texas 77983 Tel: (361) 785-2251 Fax: (361) 785-2208 September 23, 2014 Calhoun County Commissioner's Court 211 S. Ann Port Lavaca, TX 77979 RE: Seadrift Pier — Transfer of ownership request in accordance with USFWS requirement: Dear Commissioner's Court, The City of Seadrift appreciates the fact that the Calhoun County Commissioners Court used Coastal Impact Assistance Program funds to construct a new pier at A.D. Powers Bay Front Park on City owned bay bottom. In accordance with the CIAP Grant the County also created environmental exhibits near the pier in the A.D. Powers Bay Front Park. The City owns the bay bottom where the pier was constructed via a patent deed from the State of Texas, via legislative action. The patent deed was conveyed in May 1961 and the deed restrictions are that the property (bay bottom) would be retained for its then current use in conjunction with A.D. Powers Bay Front Park being that area of land south of Bay Avenue between 3"d and 15"' Streets and deeded to the City in 1913 by A.D. Powers for that specific park purpose. The 1961 patent deed stipulates that if the City were to re -purpose the use of the bay bottom different from thg uses at the time, the bay bottom would revert back to the State. The County consulted with the City prior to obtaining and during the CLAP grant process and the City has been involved in aspects of the pier construction since the original intention of the County was to transfer the pier to City ownership and the City had agreed to any stipulations required. The City agrees to take ownership of the pier and associated environmental exhibits, and to comply with the requirements of the original federal grant, #F12AF01246, and that the pier provide unhindered and non-discriminatory public access to San Antonio Bay and that the exhibits serve as a natural resource learning area. The City understands that U.S. Fish and Wildlife Service will be amending the grant to include disposition and other appropriate regulatory language concerning the pier. The City of Seadrift agrees to accept a quit claim deed for the pier constructed on city owned bay bottom with Calhoun County to transfer ownership of the pier to the City of Seadrift and to accept any new grant requirements and maintain and upkeep the pier and exhibits for the life of the pier. Elmer Deforest ATTEST: MAYOR Paula Moncrief . CITY SECRETARY ! r41/A � `. 0` '" United States Department of the Interior ' FISH AND WILDLIFE SERVICE M �' • Washington, D.C. 20240 In Reply Refer To WSFR/CIAPlP 12AF01246 August 8, 2014 The Honorable Michael J. Pfeifer Calhoun County Judge 211 S. Ann Street, Suite 301 Port Lavaca, Texas 77979 Dear Judge Pfeifer: We are in receipt of your July 22, 2014, request to transfer ownership of the Seadrift Pier constructed under Coastal Impact Assistance Program Grant number F12AF01246, "Seadrift Pier." It is our understanding that Calhoun County (County) wishes to transfer ownership of the 300' pier with educational and interpretive exhibits built in collaboration with the City of Seadrift (City) to provide public access to San Antonio Bay and to serve as a natural resource learning center to the City. In order to transfer the property, submission of the following documentation to FW9_WSFR_C1AP@fws.gov is required: • An Application for Assistance (SF424) with a letter requesting transfer approval and addition of the City as a sub recipient under the award • Description of the interest to be transferred (deed, legal description) • Justification for the transfer with an analysis of effects on the original purpose for which it was constructed • Maps, plats, etc, showing location of interests being proposed for transfer • Draft conveyance documents (Quitclaim deed) • Correspondence from the City verifying their willingness to accept the property Upon receipt, the documentation will be processed as grant number F12AF01246, amendment 4. The County will be notified in writing when the amendment to transfer ownership is approved for implementation. Please contact me at Penny_Bartnicki@fws.gov, or 703-358-1783, with any questions about the transfer instructions. Sincerely, Chiettuaskal Impact As1istance,,rrogrann Branch Wildlife and Sport Fish Resto tion Program cc: Kathy Smartt Kenneth Finster Tom Calnan, CIAP Quitclaim Deed c� Date: September 25, 2014 Fir Grantor: Calhoun County, a Texas local government entity 1 r_ 1piD Grantor's Mailing Address: µr 1r� Calhoun County toa, 211 S. Ann OM t, Port Lavaca, Texas 77979 ' as Grantee: City of Seadrift, a Texas municipal government entity 'K0 w Grantee's Mailing Address: City of Seadrift P.O. Box 159 a Seadrift, Texas 77983 Consideration: Calhoun County acquired this real property and received it under United States Fish and Wildlife Service grant number FI2AF01246 for the grant period October 1, 2012 to October 31, 2014 as approved through the Catalogue of Federal Assistance number 15.668. The U.S. Department of the Interior, Fish and Wildlife Service, Wildlife and Sport Fish Restoration Program awarded the grant. The purpose of the grant was to construct a wooden pier at Seadrift that will provide public access to San Antonio Bay and serve as a natural resource learning center. The grantee, the City of Seadrift assures that the pier and real property will be used for this purpose for the 20 year useful life of the pier from the end of construction. The City of Seadrift assures that it will not authorize or tolerate any activities on the real property and pier that are incompatible with its originally authorized purpose and that it will immediately stop any such activities should they occur without their permission. The City of Seadrift will not dispose of, transfer to another or encumber the property without the approval of the United States Department of the Interior Fish and Wildlife Service. An encumbrance is defined as: Encumbrance is a limitation that is legally binding on real property. It may also refer to the effect of the limitation on an owner's real property rights. To encumber the title is to establish a limitation. An encumbrance may lessen the value of the real property, or burden, obstruct, or impair its use, but not necessarily prevent the transfer of title. Many encumbrances, but not all, are recorded in the county recorder's office or in another body of public records. An encumbrance may be any of the following: 1. The reduction of an owner's real property rights by separating (severing) a partial interest in real property from the fee title and conveying it to another party. Examples of such separated interest are easements, profits, mineral rights and leases. 2. The restriction of the new owner's real property rights at the time of transfer by reservation, deed restriction, or an assignment of rights or interests to a third party. 3. A right or interest in a property held by one who is not the owner of the property. 4. An encroachment that a court allows to continue after payment of damages because the intrusion is insignificant and the cost of removal is high. 5. A claim against the owner's property rights as security for payment of a debt, such as a mortgage, judgment lien, or tax lien. 6. A liability binding on real property or an owner of the real property that requires a specific treatment of the land, manipulation of the habitat, and/or long term management of the habitat. The liability may bin the form of a contract or the conditions of a Federal permit. Examples are any of the mechanisms under the Clean Water Act, section 404, that provide off -site compensatory mitigation for adverse impacts to wetlands on other parcels. The City of Seadrift agrees that there will be no discrimination during the 20 year useful life of the pier. Property (including any improvements): The "Seadrift Pier" as shown on the attached drawing incorporated herein by reference. For the Consideration, Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor nor Grantor's heirs, successors, or assigns will have, claim, or demand any right or title to the Property or any part of it. When the context requires, singular nouns and pronouns include the plural. Calhoun County, Texas Michael J. Pfe' r, duy Ji dge City of Seadrift, Texas "-\ Elmer Deforest, M yor STATE OF TEXAS COUNTY OF CALHOUN This instrument was acknowledged before me on September 25, 2014, by Michael J. Pfeifer, as the County Judge of Calhoun County a Texas county, on behalf of said county. SUSAN RILEY Iva pJ\lAY 4Ue �iii =_ Notary Public, State of Texas Notary Public, State of Texas My Commission Expires y April 16, 2016 My commission expires: mm� April 18, 2016 STATE OF TEXAS COUNTY OF CALHOUN This instrument was acknowledged before me on (PJou.a 6V GIOc�,`i , 2014, by Elmer Deforest, as the Mayor of City of Seadrift, a Texas m nicipality, on behalf of said municipality. Pr'&ro PAULAJOANN MONCRIEF MY COMMISSION EXPIRES Maroh31,2016 AFTER RECORDING RETURN TO: City of Seadrift P.O. Box 159 Seadrift, Texas 77983 t Q mSryicu-� Notary Public, State of Texas My commission expires: Ma -(-Lk 3 I f ao 16 Optober 07 2015 2:41 M This 9ocusent has beeti'roceived by this Office for %ecordim inca the Official Public Records. Ue do he'f eby swear that ue do not discrininate due to Race, Creed, Colur, Sax or National aliigir,, Filed fop Recu'Pfi im CAWun Comity Normrable Anita Fricke Cilu"AV Clerk IiiSiT.: t4O/aO Sidt!p5: � F'ap2{51 d 1!. GRANTS.GOV' Grant Application Package Opportunity Title: ICoastal Impact Assisstance Program Fish and Wildlife Service 15.668 Coastal Impact Assistance Program - FWS-CIAP 10/01/2011 12/31/2013 Ashley Salo CIAP Branch 4401 N. Fairfax Drive, WSFR 4020 Arlington, VA 22203 ..1,.- 101_11a_o Gon Offering Agency: CFDA Number: CFDA Description: Opportunity Number: Competition ID: Opportunity Open Date: Opportunity Close Date: Agency Contact: This opportunity is only open to organizations, applicants who are submitting grant applications on behalf of a company, state, local or tribal government, academia, or other type of organization. "Application Filing Name: Seadrift Pier ces for Non -Construction Programs (SF-42 Information for Non -Construction Program Information for Construction Programs IS Move Form to Complete Move Form to Delete Move Foan to Submission List Move Form to Delete for Federal ouomission instructlons . OEnter a name for the application In the Application Filing Name field. - This application can be completed in its entirety online; however, you will need to login to the Grants.gov website during the submission process. - You can save your application at any time by clicking the "Save" button at the top of your screen. - The "Save & Submit" button will not be functional until all required data fields in the application are completed and you clicked on the "Check Package for Errors" button and confirmed all data required data fields are completed. OOpen and complete all of the documents listed in the "Mandatory Documents" box. Complete the SF-424 form first. - It is recommended that the SF-424 form be the first form completed for the application package. Data entered on the SF-424 will populate data fields in other mandatory and optional forms and the user cannot enter data in these fields. - The forms listed in the "Mandatory Documents" box and "Optional Documents" may be predefined forms, such as SF-424, forms where a document needs to be attached, such as the Project Narrative or a combination of both. "Mandatory Documents" are required for this application. "Optional Documents" can be used to provide additional support for this application or may be required for specific types of grant activity. Reference the application package instructions for more information regarding "Optional Documents". - To open and complete a form, simply click on the form's name to select the item and then click on the => button. This will move the document to the appropriate "Documents for Submission" box and the form will be automatically added to your application package. To view the form, scroll dawn the screen or select the form name and click on the "Open Form" button to begin completing the required data fields. To remove a forMdocument from the "Documents for Submission" box, click the document name to select it, and then click the <= button. This will return the form/document to the "Mandatory Documents" or "Optional Documents" box. -All documents listed in the "Mandatory Documents" box must be moved to the "Mandatory Documents for Submission" box. When you open a required form, the fields which must be completed are highlighted in yellow with a red border. Optional fields and completed fields are displayed in white. if you enter invalid or incomplete information in a field, you will receive an error message. OClick the "Save & Submit" button to submit your application to Grants.gov. - Once you have properly completed all required documents and attached any required or optional documentation, save the completed application by clicking on the "Save" button. - Click on the "Check Package for Errors" button to ensure that you have completed all required data fields. Correct any errors or if none are found, save the application package. -The "Save & Submit" button will become active; click on the "Save & Submit" button to begin the application submission process. -You will be taken to the applicant login page to enter your Grants.gov username and password. Follow all onscreen instructions for submission. OMB Number: 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF-424 ' 1. Type of Submission: Preappllcation ❑X Application Changed/Corrected Application 2. Type of Application: • If Revision, select appropriate lefter(s): Ej New I E: Other (specify) Continuation ' Other (Specify): ❑X Revision Transfer of asset `3. Date Received: 4. Applicant Identifier: Completed by Grants.gov upon submission. 5a. Federal Entity Identifier: 5b. Federal Award Identifier: 1IF12AF01246 State Use Only: 6. Date Received by State: 7. Stale Application Identifier: 8. APPLICANT INFORMATION: ' a. Legal Name: Calhoun County ' b. Employer/Taxpayer Identification Number (EIN/TIN): ' c. Organizational DUNS: 0873093240000 746001923 d. Address: `Streett: 211 South Ann Street Streett: ' City County/Parish: Port Lavaca 'State: TX: Texas Province: 'Country: USA: UNITED STATES ' Zip / Postal Code: 77 979-0000 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters Involving this application: Prefix: Middle Name: ' First Name: Kathy ' Last Name: iSmartt Suffix: Title: Organizational Affiliation: 'Telephone Number: 512-800-4740 Fax Number: 'Email: smart tgrants@sbcglobal. net Application for Federal Assistance SF-424 " 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ' Other (specify): " 10. Name of Federal Agency: Fish and Wildlife Service It. Catalog of Federal Domestic Assistance Number: 15.660 CFDA Title: Coastal Impact Assistance Program " 12. Funding Opportunity Number: F41S-CIAP " Title: Coastal Impact Assisstance Program 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Adacjlme0t l: ' Delete Attachment ` View Aftachrnant.; " 16. Descriptive Title of Applicant's Project: Seadrift Pier Attach supporting documents as specified in agency instructions. Add Attachments- DetofeAtfactimep[s View Attachments Application for Federal Assistance SF-424 16. Congressional Districts Of: . a. Applicant Tx-019 b. Program/Project Tx-019 Attach an additional list of ProgramlProjecl Congressional Districts if needed. ` Aiid Attachment:°. �Delete'Attactiment View,Attachinenh' 17. Proposed Project: "a. Start Date: 10/Ol/2012 ' b. End Date: 10/31/2019 18. Estimated Funding (S): ' a. Federal 0.00 ' b. Applicant 0.00 "c. State 0.00 ' d. Local 0.00 ' e. Other 0. 00 "f. Program Income 0.00 "g. TOTAL F 0.00 " 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on �. Q b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. " 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes Q No If "Yes", provide explanation and attach �limenf,= -'. D'elefe Altacftment< ViewAttac}tmeilt s 21. "By signing this application, I certify (1) to the statements contained In the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Q ""IAGREE "" The list of certifications and assurances, or an internet site where you may obtain this list, is contained In the announcement or agency specific instructions. Authorized Representative: Prefix: "First Name: Michael Middle Name: 'Last Name: Pfeifer Suffix: 'Title: Calhoun County Judge *Telephone Number: 361-553-4600 Fax Number: 361-553-4994 "Email: mike.pfeifer@calhouncotx.org ' Signature of Authorized Representative: Completed by Grants.gov upon submission. "Dale Signed: Completed by Granls.gov upon submission. .2 'syoYE@ [I I�.1p2 2 11 I-Y� II ."I �p 0 o W V UVUUpOOW ~ w jV1 CL4 O 33 W3 C] Ct7 �O .o£ z w r Z wOF y j0 c LO nOh-� Q 3s¢a$ > z w p O w> U U O a w Z o w V ® I s w N � I I AMENDMENT NO. 4 COASTAL IMPACT ASSISTANCE PROGRAM Contact Information A. Coastal Political Subdivision: Calhoun County, Texas B. Principal contact Contact Name: Discipline: Address: E-mail Address: Telephone: Fax: Michael Pfeifer County Judge 211 S. Ann Street, Port Lavaca, TX 77979 mike.pfeifer@calhouncotx.org (361)553-4600 (361)553-4444 C. Application/Information contact and/or project contact: Recipient Staff Contact Contact Name: Kenny Finster Discipline: Address: E-mail: Phone: Fax: Application Contact Entity: Contact Name: Address: E-mail: Telephone: Fax: Calhoun County Commissioner, Precinct #4 P.O. Box 177, Seadrift, TX 77983 Kenny.finster@calhouncotx.org (361)785-3141 (361)785-5602 Smartt Grants Ms. Kathy Smartt 3801 Manchaca 97, Austin, TX 78704 smarttgrants@sbcglobal.net (512)800-4740 none D. Name of Sub -grantee and contact: Entity: City of Seadrift Contact Name: Elmer DeForest Discipline: Mayor Address: P.O. Box 159, Seadrift, TX 77983 E-mail: seadriftmayor@tisd.net Phone: (361) 785-2251 x21 Fax: (361)785-2208 Page 1 of 2 Project Statement A. PROJECT TITLE: Seadrift Pier B. AUTHORIZED USE: #1: Projects and activities for the conservation, protection, or restoration of coast areas, including wetland. This project will protect the natural coastal environment by providing controlled public access to San Antonio Bay. The Seadrift bay front area is a prime fishing, bird watching and educational site for residents of Calhoun County and surrounding areas. Unrestricted, continual use of the seawall shoreline for fishing has resulted in erosion behind the seawall, threatening the integrity of the structure. Providing a controlled fishing area will help protect the seawall. Educational kiosks/signage at the ramp entrance and along the pier will promote the conservation and protection of coastal areas by educating the public on the value of natural resources. A better -informed public is more likely to appreciate and perpetuate the natural functions and values of coastal areas. C. NEED AND PROJECT PURPOSE Using the funds awarded under this grant, a 300-foot wooden pier was constructed at A.D. Powers Bayfront City Park in Seadrift, Texas. The purpose of this amendment is to transfer ownership of the pier from Calhoun County to the city of Seadrift. The city agrees to take ownership of the pier and to comply with the requirements of the grant that the pier provide public access to San Antonio Bay and that the installed environmental exhibits serve as a natural resource learning area. The city also agrees to maintain the pier for its useful life of 20 years. D. OBJECTIVE: Deed the pier to the city of Seadrift E. EXPECTED RESULTS OR BENEFITS Seadrift is the only city on San Antonio Bay. Thousands of visitors come each year to the city park area for outdoor recreational activities such as saltwater fishing, sailing, canoeing and bird watching. Having a free pier at the park will bring even more visitors to Seadrift. This much -needed project has the full support of the local community. F. APPROACH The parties will execute a quitclaim deed, transferring ownership of the pier from the county to the city. G. SITE ACTIVITY: None H. PROJECT LOCATION City of Seadrift, Calhoun County Latitude 28°24'29.78"N, Longitude 96°43'02.04"W I. PROJECT COSTS: None J. RELATIONSHIP TO OTHER FEDERAL AND NON-FEDERAL PROGRAMS AND PROJECTS: None. K. CHANGES FROM THE APPROVED CIAP STATE PLAN: None Page 2 of 2 INCREASE OF THE SHERIFF'S FORFEITED PROPERTY FUND -MISCELLANEOUS (2860-999- 63920-999) IN THE AMOUNT OF $2,000 AND DECREASE THE SHERIFF'S FORFEITED PROPERTY FUND- CAPITAL OUTLAY (2860-999-70750-999) IN THE AMOUNT OF $2,000 TO COVER THE EXPENSES THROUGH THE END OF THE YEAR. NET EFFECT OF THE CHANGE IS ZERO: Commissioner Lyssy made a motion the approve the increase of the Sheriff's Forfeited Property Fund - Miscellaneous (2860-999-63920-999) in the amount of $2,000 and decrease the Sheriff's Forfeited Property Fund -Capital Outlay (2860-999-70750-999) in the amount of $2,000 to cover the expenses through the end of the year. Net effect of the change is zero. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MUM PIE IFER, COUNTY JUDGE SUBJECT: SHERIFF FORFEITED PROPERTY FUND DATE: SEPTEMBER 25, 2014 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR SEPTEMBER 25, 2014 Consider and take necessary action to authorize increase of the Sheriff Forfeited Property Fund — Miscellaneous (2860-999-63920-999) in the amount of $2000.00 and decrease the Sheriff Forfeited Property Fund — Capital Outlay (2860-999-70750-999) in the amount of $2000.00 to cover the expenses through the end of the year. Net effect of this transaction is zero.(0.00) Sincerely, George Aleman Calhoun County Sheriff FY2015 FORMULA GRANT REQUEST FOR APPLICATIONS FROM THE TEXAS INDIGENT DEFENSE COMMISSION AND AUTHORIZE ALL APPROPRIATE SIGNATURES: Commissioner Fritsch made a motion to approve the FY2015 Formula Grant Request for applications from the Texas Indigent Defense Commission and authorize all appropriate signatures. Commissioner Finster seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ErrIDC TEXAS INDIGENT DEFENSE COMMISSION The Honorable Michael Pfeifer September 3, 20 E I %vF I) Chair: Calhoun County Judge —� The Honorable Sharon Keller 211 S. Ann St, 3rd Floor'-' Presiding Judge, Court of Criminal Appeals Port Lavaca, TX 77979 r, Mike l'feire( Vice Chair: The Honorable Olen Underwood Re: FY15 Formula Grant Request for Applir(;9qun CCunt h.J y� dg Ea Officio Members: Honorable Sharon Keller Dear Judge Pfeifer: Honorable Nathan Hecht Honorable John Whitmire Honorable Royce West The Texas Indigent Defense Commission announces the attached FYI Formula Grant Request Honorable Roberto Alonzo for Applications Applications are due November . attached pp iRFA ( )• A pplitidNb21 � 2014Theacket P Honorable Abel Herrero provides information on what is needed for counties to obtain the FYI Formula Grant funds. Members Appointed by Governor: Honorable Olen Underwood Honorable Sherry Radack The local administrative judges and Chairs of Juvenile Boards have already submitted their Honorable Jon Burrows Honorable B. Glen Whitley biennial indigent defense plans. Judges may amend their plans in the on-line system Honorable Linda Rodriguez (littt)s:Htide.tamu.edu) at any time. Staff will continue to work with counties to ensure that all of Mr. Anthony Odimme Mr. Don Hase the statutory and Commission required elements are included in each plan if judges make amendments. Also, financial officers must submit their Indigent Defense Expense Report by Executive Director James D. Bethke November 3, 2014. Both of these requirements are directed in Texas Government Code §79.036. This FY15 Formula Grant packet is sent to all 254 constitutional county judges. A courtesy letter will be sent to all local administrative district and statutory judges and county financial officers informing them of these available grant funds. The Commission adopted Texas Administrative Code Chapter 173 in order to implement the grant authority established by the Texas Legislature. These administrative rules and the attached RFA are available at: www.tidc,texas.eov. The rules and the RFA establish the guidelines for the administration of grant funds and application submission process for FYI5. Please contact Bryan Wilson (bwilson(D,tidc.texas. gov) toll free in Texas at (866) 499-0656, if you have any questions about the FYI 5 Formula Grant or the application process. Sincerely, Sharon Keller Chair, Texas Indigent Defense Commission Presiding Judge, Court of Criminal Appeals Enclosed: FYI Formula Grant RFA Texas Indigent Defense Commission 209 West 14" Street, Room 202 • Austin, Texas 78701 • www.tidc.texas.aov Phone: 512.936.6994 • Fax: 512.463.5724 m r1DC TEXAS INDIGENT DEFENSE COMMISSION 209 West 14`h Street, Suite 202 Price Daniel, Sr. Building, Phone: 512-936-6994, Austin, Texas 78701, Fax: 512-463-5724 www.tide.texas.gov FY2015 Formula Grant Program Request for Applications (RFA) September 3, 2014 Total Grant Amount Budgeted for Statewide Use Available: FY15- $20,000,000 Type of Grant Formula - The Commission distributes funds to counties.through the following formula: Every county is eligible to receive a grant of $5000 plus its share .of the remaining funds budgeted by the Commission for the Formula Grant Program calculated by: • 50 percent on the County's percent of state population; and • 50 percent on the County's percent of statewide direct indigent defense expenditures for the previous year (as defined in Title 1, Part 8, Texas Administrative Code See. 173.202(1)-(3)): • less discretionary funds provided by the Commission for expenditures defined in Title 1, Part 8, Texas Administrative Code See. 173.202(1)-(3) • less the reimbursed costs of operating a regional program • The baseline requirements contained in Section E of the Request for Applications do not apply to counties with a 2000 Census population of less than 10,000 but do apply to all other counties. • The County shall not receive more in funds than what was actually spent by the county in the prior year. Eligibility: Only Texas counties may apply. See further eligibility below. Grant Applications Due: All applications must be submitted on-line. Applications must be completed and submitted by November 21, 2014. See submission requirements below for waiver requests and other deadlines. Method of Application: On-line submission can be accessed at htti)://tide.taiiiu.edu. All county judges have been assigned a unique user name and password. See contact information below for access to the system. Time Period for Funding: October 1, 2014 through September 30, 2015 Commissioners Court Resolution Required: This application is submitted on-line but requires a commissioners' court resolution be adopted and scanned and e-mailed or uploaded on the application page of the website. The resolution is generated by the on-line system and must be printed from the on-line application page. Payments: Funds will be distributed in four (4) equal quarterly disbursements. Steps in Submitting a Grant Application 1) Log onto httu://tide.tamu.edu (Follow on-line page instructions). 2) Verify that the online screen shows the correct grant officials and judicial officials. 3) Please use the Resolution printed from the website. Scan the resolution after adopted by commissioners' court and then upload it in the application page of the website on or before DUE DATE November 21, 2014. Alternatively, you may email the resolution to the Megan McIntire (MMclntire ct ppri.tamu.edu) or fax it to 888-351-3485. 4) Judges must submit local Indigent Defense Plans on or before November 1, 2013. Payments during the year may be withheld until plans are submitted or meet the minimum requirements for each plan section set by Commission. 5) Contact Bryan Wilson, Grants Administrator, Bwilson@tidc.texas.gov or 512-936-6996 for questions +, Authorization to Fund, Applicable Authority and Rules Texas Government Code Sec. 79.037. TECHNICAL SUPPORT; GRANTS. (a) The commission shall: (1) provide technical support to: (A) assist counties in improving their indigent defense systems; and (B) promote compliance by counties with the requirements of state law relating to indigent defense; (2) to assist counties in providing indigent defense services in the county, distribute in the form of grants any funds appropriated for the purposes of this section; and (3) monitor each county that receives a grant and enforce compliance by the county with the conditions of the grant, including enforcement by: (A) withdrawing grant funds; or (B) requiring reimbursement of grant funds by the county. (b) The commission shall distribute funds as required by Subsection (a)(2) based on a county's compliance with standards adopted by the board and the county's demonstrated commitment to compliance with the requirements of state law relating to indigent defense. (c) The board shall adopt policies to ensure that funds under Subsection (a)(2) are allocated and distributed to counties in a fair manner. (d) A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by the commission under this section. Texas Administrative Code Chapter 173 Uniform Grant Management Standards (UGMS) Formula Grant Program A. Introduction Formula Grants are provided to Texas Counties by the Texas Indigent Defense Commission (Commission) to help meet the Commission's statutory mandates and to promote Texas counties' compliance with standards adopted by the Commission. Formula grants provide money to counties for increased indigent defense costs based on a formula set by the Commission. Qualifying counties are eligible for funds determined by the formula only to the extent their spending exceeds the amounts in their baseline year (see Section E). Counties must meet minimum spending requirements to receive credit for spending the funds. The grant period for this application is October 1, 2014 through September 30, 2015. Expenses must be incurred and/or obligated during this time. B. Eligibility Only counties are eligible to apply for funds. C. Notification of Availability This FY15 Formula Grant - Request for Applications (RFA) is sent to all 254 Texas Constitutional County Judges. A courtesy notice is mailed to all local administrative district judges, local administrative statutory county judges, chairman of juvenile board and each county auditor (or treasurer). The notice informs other county stakeholders to seek a copy of the grant RFA from the constitutional county judge or to go to the Commission website www.tidc.texas.-rov to download a copy. The Commission staff uses the contact information reported by counties in our web based system. Please make sure that all contact information is accurate. Counties are required to maintain correct contact information on the Commission `grants and reporting' website (http://tidc tamu.edu). The notice of grant availability is also published in the Texas Register. D. Application The Commission is committed to reducing paperwork burdens for Texas counties. Therefore, the grant application process will be electronic. 2 of 5 pages FYI Formula Grant RFA Due: NOVEMBER 21, 2014 The application steps are: 1) All applications must be submitted online using the User ID and Password. Contact the Conunission Grant Administrator for instructions to obtain a waiver to the on-line application. If a person other than the recipient of this letter needs to obtain a user name and password for the online application system, contact The Texas A&M University Public Policy Research Institute (PPRI) — [PPRI manages the collection, storage and retrieval of data for the Commission]. County officials contact PPRI through e-mail, (MMclntire(4ppri.tanm.edu), phone (979) 845-1041, fax (888-351-3485) or by regular mail: Megan McIntire, PPRI TAMU, Mailstop 4476 College Station, Texas 77843-4476, PPRI will not provide user names and passwords over the phone. Individuals using personal e-mail accounts may be asked to provide additional information. 2) Apply on-line a. Go to the PPRI Commission website at https://tide.tanru.edu b. Sign in and enter the User ID and Password or contact PPRI c. Select "FY2015" and your county in the upper left d. Select "Apply for Formula Grant" e. Review the eligibility requirements — Each year the Commission adopts specific measures as eligibility requirements for the Formula Grant funds. These measures are intended to encourage each county's compliance with statutory requirements or policy and standards adopted by the Commission. The grant application screen will reveal the compliance checklist maintained by the Commission's special counsel. Counties that have blank check boxes in any category will not be able to receive funds until they meet all grant program eligibility requirements. Complete the on-line application then contact the Commission for instructions to resolve plan compliance issues. f. Verify that the County's officials and contact information are correct — The authorized official reviews the data the Commission has stored for the county's courts and grant positions. (Note: Please remember to update the county contact information during the grant year as changes in officials or contact information occurs.) g. Identify the individuals in the following grant positions as required in Texas Administrative Code Rule 173.301. Make changes as needed. i. Authorized official - This person must be authorized to apply for, accept, decline, modify, or cancel the grant for the applicant county. A county judge or a designee authorized by the governing body in its resolution may serve as the authorized official ii. Fiscal Officer - This person must be the county auditor or county treasurer if the county does not have a county auditor. Use the "Change" Button — When the person listed is no longer authorized to perform the duties with the Commission previously authorized by the county. It is also used to change contact information for any grant official. This situation usually arises when county officials turnover as a result of elections, retirements, or some other removal from office. h. Select the "Submit" button. The page will become a confirmation page at that point. i. Select the Resolution link in the confirmation page to create your county's completed resolution. j. Print or download resolution — The system will allow the user to download a resolution in an MS Word document or provide an opportunity to print the document. k. Maintain confirmation — When the system provides a confirmation page to the grant officials confirming that the application has been completed and informing them that the resolution must be adopted by the commissioner's court and then faxed to the Commission. PLEASE PRINT THE CONFIRMATION PAGE. 3) Please scan the resolution adopted by commissioners' court and then upload it in the application page of the website on or before DUE DATE November 21, 2014. Alternatively, you may email the resolution to the Megan McIntire (MMchrtirc@ppri.tanm.edu) or fax it to 888-351-3485. E. Baseline The baseline is the arnount counties must spend in indigent defense before they qualify as having spent the grant. Counties that have received or applied for grants in previous years have already established a baseline with the Commission. To meet the requirements under Texas Government Code §79.037(d), the Commission has adopted as an expenditure baseline based on each county's FY01 indigent defense expenditures. Attorney 3 of 5 pages FYI Formula Grant RFA Due: NOVEMBER 21, 2014 fees, investigator expenses, expert witness expenses, and other litigation expenses paid by the county on behalf of indigent criminal defendants / juvenile respondents are allowable expenses. This information remains a static baseline. The baseline requirement does not apply to counties with a 2000 Census population of less than 10,000. F. Review Prior to the Commission meeting set to award the Formula Grants, the Grant Administrator will review the application for completeness and notify counties via e-mail, fax, or mail whether any additions or corrections need to be made. G. Denial of Grant Counties not completing the grant application process or those not meeting minimum eligibility requirements will be notified by mail within 30 days following the Commission award meeting. H. Use of Funds Funds must be used to improve indigent defense systems. Attorney fees, investigator expenses, expert witness expenses, and other direct litigation costs that a county spends on behalf of a criminal defendant or juvenile respondent in a criminal matter that has been determined by a court of competent jurisdiction to be indigent are allowable expenses. All funds must be spent in compliance with the following: Texas Administrative Code, Title 1 Administration, Part 8 Texas Judicial Council, Chapter 173 Indigent Defense Grants; and Texas Uniform Grant Management Standards. The Indigent Defense Commission website maintains links to electronic copies of these documents, Grant applicants/ recipients may contact the Commission staff in writing for paper copies if no electronic means are available to. secure the documents. 1. Statement of Grant Award Statements of Grant Awards will be prepared exactly as authorized by the conditions. The e-mail with the attached Statements of Grant Award will be resolution adopted by the commissioners' court. The County will have thirty errors or cancelation after receipt of the award. J. Special Conditions Commission. These may include special directed to the official designated in the days to notify the grant administrator of The Commission may determine special conditions or authorize staff to apply the conditions on criteria set by the Commission (TAC 173.201). The Commission may develop special conditions that relate to expenditures, compliance with statutory requirements or standards adopted by the Commission. K. Required Reports All counties are statutorily required (Texas Government Code Sec. 79.036 (e)) to submit an Indigent Defense Expenditure Report each year on November 1 in the form and manner prescribed by the Commission. In accordance with TAC §173.109 the reporting will be through the interact. The Local Administrative District Judges, the Local Statutory County Court Judges (or County Judge as applicable) and the Chairman of the Juvenile Board for each county must submit a copy of all formal and informal rules and forms that describe the procedures used in the county to provide indigent defendants with counsel in accordance with the Code of Criminal Procedure (Countywide Plans) to the Commission as required in Government Code §79.036. The Countywide Plans must be submitted by November I" of each odd numbered year in the form and manner prescribed by the Commission. L. Payments Counties must have met all eligibility, spending, and grant condition requirements before receiving payments. Payments will be made quarterly for most counties. Some counties may have a special conditions related to meeting rninimurn spending requirements. These counties will receive funds only after a supplemental expenditure report establishes that they have spent the predeternuned minimum amount stated in the special condition. 4 of 5 pages FYI Formula Grant RFA Due: NOVEMBER 21, 2014 No payment shall be made from grant funds to a county until all special conditions have been met unless the special condition adopted by the Commission provides an alternative payment schedule or instructions for payment. Commission staff shall maintain documentation through electronic/paper files or correspondence to the county stating how the special condition was met. M. Maintain Official Contact Information All counties must maintain the grant and plan officials contact information on counties' home page set up at littp://tidc.tamu.edu. Counties must advise the Commission of changes in the authorized official, program director, financial officer, local administrative district judge, local administrative statutory county judge, chairman of the juvenile board and constitutional county judge by updating this website contact information. This information will be used to provide notices for grant or plan submission information. The Commission staff will use e-mail whenever possible to notify counties of required reports and funding opportunities. M Compliance with Monitoring Reports A county must respond within the required time, take corrective action for findings of non-compliance, and satisfactorily address all recommendations in a Commission fiscal or policy monitoring report. Failure to comply with any of these requirements could result in the Commission imposing a remedy under TAC 173.307 or Texas Government Code §79.037. O. Countywide Plan Requirements The Countywide Plans submitted must be in compliance with applicable statutes and rules and must meet the minimum requirements for each plan section as outlined in the Biennial Indigent Defense Countywide Plan Instructions. Plans must be submitted by November 1, 2013. P. OCA Reporting The applicants' county and district clerks must be in compliance with monthly court activity reporting requirements promulgated by the Texas Judicial Council as of August 31, 2014--reports for September 2013 through August 2014 are due not later than September 2014. The reports must be submitted to OCA electronically unless OCA grants a temporary waiver for good cause. Q. Indigent Defense Expenditure Reporting Counties that do not complete the Indigent Defense Expense Report on or before November 1, 2014 may have payments temporarily suspended by Commission staff until the Report is submitted and reconciled by staff. R. Impact of Multi -year Discretionary Grant Counties that receive multi -year discretionary grants from the Commission are encouraged to continue to apply for the Formula Grant. Formula Grant payments will be made as scheduled. The county will submit its annual Indigent Defense Expenditure Report on or before November 1 of each year. If the impact of the Multi -year funded program results in overall reduction of the county's indigent defense expenses below the baseline amount, then all or a portion of the formula grant may need to be returned to the Commission as directed by the Commission. S. Impact of Multi -year Discretionary Regional or Sustainability Grants Counties that receive multi -year regional or sustainability discretionary grants from the Commission are encouraged to continue to apply for the Formula Grant. Formula Grant payments will be made as scheduled. Such counties may use their formula grant payments to maintain the discretionary grant program. The county will submit its annual Indigent Defense Expenditure Report on or before November 1 of each year. 5 of 5 pages FYI Formula Grant RFA Due: NOVEMBER 21, 2014 ACCEPT CHECK FROM THE CITY OF SEADRIFT IN THE AMOUNT OF $19,285.71 FOR STREET REPAIRS AND HAVE FUNDS PUT INTO PRECINCT 4 ROAD & BRIDGE ACCOUNT 570-53510: Commissioner Lyssy made a motion to accept check from the City of Seadrift in the amount of $19,285.71 for street repairs and have funds put into Precinct 4 Road & Bridge Account 570-53510. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 September 10, 2014 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda for September 25, 2014. • Discuss and take necessary action to accept check from City of Seadrift in the amount of $19,285.71 for street repairs and have funds put into Precinct 4 Road & Bridge account 570-53510. Sincerely, Kenneth W.Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 — email: kfinster(i�calhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 Fmxr Nmmwl. R,v A R Inibrdaran CITY OF SEADRIFT Swddit T. I., F6p >>,ftrllery GENERAL FUND F.O. BOX 159 SEADRIFT, TEXAS 77983 9/5/2014 5 PAY TO 'ORDER DF_ Calhoun County PCt #4 $-19,286,71 9 Nineteen Thousand Two Hundred Eighty -Five and DOLLARS y Calhoun County Pct. 94 GE F ND X P.O. Box 177 V O ID 9 DA 8 Seadrift, Texas 77983 t MEMO AViH IZ 0 TuflE CITY OF SEADRIFT GENERAL FUND 32382 Calhoun County Pct. #4 9/5/2014 Date Type Reference Original Amt. Balance Due Discount Payment 9/5/2014 Bill 6TH STREET 9,088.17 9,088,17 9,088.17 9/5/2014 Bill 8TH STREET 10,197.54 10,19754 10,197.54 Check Amount 19,285.71 First National Bank-C 19,285.71 CHANGE THE SECOND MEETING IN DECEMBER FROM DECEMBER 25, 2014 TO DECEMBER 22, 2014 DUE TO THE CHRISTMAS HOLIDAY: Commissioner Fritsch made a motion to approve changing the second meeting in December from December 25, 2014 to December 22, 2014 due to the Christmas Holiday. Commissioner Lyssy seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ............................ � DUE TO CHRISTMAS HOLIDAY -CHANGE LAST MEETING IN DECEMBEk PUBLIC HEARING ON THE MATTER OF AMENDING THE 2014 CALHOUN COUNTY BUDGETS: OPEN PUBLIC HEARING: 10:20 A.M. Candice Faltesek Villarreal with the Calhoun County Auditor's Office spoke in regards to amending the 2014 Calhoun County Budget amendments. CLOSED PUBLIC HEARING: 10:22 A.M. NOTICE IS HEREBY GIVEN that Calhoun County Commissioners' Court will hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port Lavaca, Texas, at 10:00 a.m. on September 25, 2014 on the matter of amending the 2014 Calhoun County Budgets. The public shall have the right to be present and participate in such hearing. Michael J. Pfeifer Calhoun County Judge MATTER OF AMENDING THE 2014 CALHOUN COUNTY BUDGETS: Commissioner Lyssy made a motion to approve matter of amending the 2014 Calhoun County Budgets. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. \ kMB ) co 2 Q \z z �- LL \- \m ■® k \0 LU 0 k \/ _ § »I / \0 � \k )\ \IL _ _ § \ILU ■ LL \0. \§ ■ ■ § k z o wLU a §a s» § 0 0 $ 2 w § = .Z z \_ \ »§«: LL) §\ 16 R 9 O h Z Z W Z Z Q R v Y. w I REPORTS OF THE FOLLOWING COUNTY OFFICES: Judge Pfeifer made a motion to accept July 2014 Tax Assessor/Collector report, August 2014 Extension Service report, and the July 2014 and August 2014 Adult Detention Center SHP Medical report. Commissioner Fritsch seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 00 N O t, C> O co O r O O O to O O O O (D (O Z O O (D (O 0 0 M< (D O O tp N Cl)r O 0) (D 11 N w O O (D d' O O 00 (O t► M O O 7 r: OO < (O ep N (V Cl) O (O 0) <.<... 110 r 00 (M NNM n to t0 <M W(D O (O 0) a) Cl) 1* Ih to O CO r a) M (D O (64 b O N N O N< M 00 N � u> v> to CO. to v> v> to u> to u> v> ts> ts> (o) v> t» t» u> (n es> to u> H w O o moots o < o o(Do m o 0 d N O M O O N to O O O N C. m (O O w Z O 0 0< N CF M O (D O M Ih 4 ((j O M N N d' M r 00 M -e < < M (D d' (0 0) N 1h 00N< M (O } ~ J O U (O N N O N S NWj < h F- J Z O O U v> v> u> to (n t» v> u> to 4% tr> u> to) cr> a> < o } } � LU O ) J LL J i o c W U 13 O c_ O c N w O W J 2� a) N F (0 G O N N o L Ll V l!. J N U Z a'S a7 tq O O 6 U N O m v d ii Cl)LO a o g U 0 (D c O J LL LL rn d LL ti °� ii L1.I LL m O c O m w w W a x m +� U Z m m `m 0 m O m c m co U c 0 "o N 0 t> w U o U m LL as t o m CO F _ «o in o o N c�ia d Ua °�tQi>-v in�t�� x m �0 vU(D QX ❑ tY0 N m o t0 N W d N D a) 0f z U O 06 N a 4) a� O F- vJF'U y d U X a mp oU , of m wFQY 0) a)w M U m d 0) LL i6 uJ m F F c W U a0 N H N .a~ a F U 5 atf H F c h H LL a s a) c c F- F- .d.� 0 LL m� °�� R �- a. � w w a 0 w t- .d w T N N c 0 a o ❑0 3 j m m 0 �, u_ ,.�+ c to a> c Q Q W c m N N c Z c c c N W m w w d X o 0 .c m Q Q 0 0 0 m a 0 02! U U axi o tL R m 0 7 0 oa 0 0 OLLLL u a1 v dF UU a) - ccam 0.0 (>U aCU NF=F ) m m cn00 OU �(.>(> a) 0 a LL -a oa ❑_❑ 000 o a oo x❑❑a�a� s-aa Ua daa �F i } �QQaaaa¢UQCCDCD as jam �a aW W n�.ac7t9 paa �aL.maa m .c. (v NOO > a v r m K�� m m 73 0 o OJJ :E o a O a mIL0. 0 0 P 2oa0c9 ❑(D Q m cn rrE- ca tQ- e) l' 00 (D !i r CO W O O ID O P N 001 O.4 lA O M O N N r M r DT1 N' r n tD 00 P r v> ua to t» » is yr u} va 6% m vmm CD ono LOLOo 0 tp O tp t0 n N r c} Ld O P h O sh r 00 P M O h O N O r OV 'ef O fn C6 C9 to T P P us CO. u} 4a cr. 0) rn E» ua N N O O d IJ. O) ` Q y U — O x in o m m (D 0 LL Y C m m° 0 Co c y 3 N N o Z m Z Q � L` S Q. <D (D7 L E Y O N m a a) q) 0- IL C U= N N c a D. CY7 N J �, N N N N o c. N N Y Y o O C 06 c N N N F N N Gi c N (1 y 0) LL U ..�. w w ° ..�. « u' I— V .�. 0) c c c 7 c c y o 2 c Ly p 0 0 0 0 0 0 0 N nz p 0 (cX6 c !- 'r_ `" c c U U U J U U £ fA U n. :O = = U Y C !/) j j ;0 y c0 LL .O a fx6 E P 01 N = eg C a a (t1 m m m l6 M V m o �,,, EL a.Ly CL IL .y = L N L i 0) c 0) T Y x 0 CL m 0 CL a IL a U) s° O d' O V h O r co z O F- U w � a K J O U N V y U O w 2 C J O z a z a m z c to CD O CA W O CP Cl h h o O r' 44 } F z D O U N z z a z w w F- w Q V) � N D 0 m � a IQ- FN- o a w U w O m Q LL O J 1Q- O H F Susan Riley From: Katherine Sutherland akdsutherland@ag.tamu.edu> Sent: Thursday, September 11, 2014 10:15 AM To: vern.lyssy@calhouncotx.org; Roger.Galvan@calhouncotx.org; Kenneth Finster (kenny.finster@outlook.com); neil.fritsch@calhouncotx.org; mike.pfeifer@calhouncotx.org; susan.riley@calhouncotx.org Subject: August 2014 Commissioner Reports Attachments: CCR -August Report - Katelynn Curry 2014.pdf; Comrpt_Aug_2014.pdf; tina commissioner report. pdf; Travel Report -August 2014. PDF Attached you will find the August 2014 Commissioner Reports and Travel Report for the extension office. s Vr?e'Y6laaa ?ez"'4 & ua (?aaatty (361) 552-9747 XXAS A&M iw_�I_:. EXTENSION EXAS A&M ff a ��., -A .:- EXTENSION Calhoun County Extension Office August 2014 Report to Commissioner's Court August P — First Day In County It was Katelynn Curry first day of work in the county as the new county agent in Calhoun County. August I]"' — Hog Clinic 2 Katelynn facilitated a Hog Clinic on August 1 lth in the Ag Bldg for families showing swine projects in the county fair. Peter McGuill, the CEA Ag/NR in Victoria Co. discussed feeding strategies, showmanship, and daily care to arm the families with the best information for a positive project experience. August 16"' — Club Officer Training Katelynn and the 4-H agent held a County Officer Training event together in Victoria. Over 40 kids showed up to learn about leadership, parliamentary procedure, communication, and team work. They will take what they have learned through this program and use it to strengthen their clubs. August le — Club Manager Meeting Katelynn met with the 4-H club managers to discuss the 2014-2015 4-H year. 4-H updates were covered, as were club manager responsibilities. A large thank you was also sent out to the club managers for everything they do. August le — Sheep and Goat Progress Show The Sheep and Goat progress show was held on August 19th with many of the exhibitors showing up to learn how to exhibit their projects with more finesse and ability. There was a significantly large turnout for this progress show and the kids did a wonderful job working with their projects. August 2d" —Roaster Pick -Up Katelynn and Ryan traveled Ideal Poultry in Cameron to pick up the CCF Roasters. The roasters were wing banded this year like last year to help keep track of the birds within the county. Over 400 roasters for 16 exhibitors were distributed throughout the county. August 21si— Council Officer Meeting Katelynn met with the Calhoun County Officer team to plan for the 2014-2015 4-H year. This group has a lot of youth, but also exhibit a high degree of leadership. We discussed the yearly budget, appearances, professionalism, and expectations. This is a great group of kids who I believe will accomplish great things. Upcoming Events 9/3-9/4 — Program Planning Conference 9/9 -- Rabbit Tag -In 9/11 — Jr. Livestock Committee Meeting 9/13 — Fair Workday and Progress Show 9/14 — Rabbit Clinic 1 9/16 — Rabbit Clinic 2 9/22 —Livestock Judging Meeting 9/23 — Council/ PALA Meeting 9/27 — United Way day Travel In County Errands —15mi Project Visits — 20 mi Out of County Cameron, TX — Roaster Pick -Up — 363 mi Personal Vehicle Victoria, TX —Club Officer Training — 60 mi Total Miles Driven 458 miles Contacts Site - 2 Telephone - 60 Emails - 50 Total — 314 Contacts Katelynn Curry CEA 4-H and Youth Development Calhoun County IdiF.71d���it�IFld�iL 5 r fp m N m oo w oo m oo co oa w co co 00 °' 0 0 0 0 0 cn�0 pda mmmmmmmmm��.- m ro �C m � m <cS<c�c�cM��ca cS =3HH�H=iH�-I�yH�yy-��7 H ro d Rp m vyi �000a�y0 00 rhnx p O m O HHHzH,bH�-I �'�:Z�� H � H 7� r � 77 aaadaymyyyaat,c c 9 H o b a a a a° a< a a c C 0 Y < y C aaa�a aayoo Ctla 0 0 " ro'TJ'o roaroro Y �o -m Y h a CCCc�cC�aa c h o o hhh hj (gg7hg roron� h y r -I om7l rb�.0 .F�H'O c y� l7 9 x z C ° tHn o H n n H O D r N ro m P 0 Q Q9 Vi rh N S rD ii. n o �- i ro c N O A i ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled: 615.6 Selected major activities since last report August 2: This was the 61h year for the salt water aquarium to be used at the Hardhead Derby to display the types of fish the kids were catching to show the diversity of Lavaca Bay. Twenty different species were collected including unique fish like the searobin, spiny burr fish, and triple tail. Of course, we also had the Texas triple: seatrout, flounder, and red. Over 350 youth registered for the event and enjoyed the morning event. August 5: Cummins toured much of the county with newly appointed Sea Grant Extension Leader Josh Gunn. He was in town to learn about the local area and programming efforts. August 7: Family Fun Kayaking night was again held in Point Comfort and was attended by 43 individuals. Events such as this one cannot be complete without the help of many volunteers. It is always great to get people out on the water to enjoy this resource. August 8: The Texas Chapter ASBPA quarterly meeting was held in Galveston and featured many speakers from the Army Corps of Engineers. The beneficial use of dredge material was one of many subjects discussed that the luncheon. August 18: Cooking with Seafood — Alligator. Texas Master Naturalist Darrell Schwebel cooked alligator that was donated by Larry Janik and Philip Bird spoke about the reptiles to nearly 30 people. The evening was quite a success and was covered by Melony Overton of the Port Lavaca Wave. August 20: Cummins attended the meeting with Assistant Director for Emergency Management Chief Nim Kidd at the Bauer Community Center in Port Lavaca. Chief Kidd conducted an open dialogue with local partners and discussed the State of Texas Assistance Request (STAR), State Plans and other topics of concern to community representatives from Victoria, Seadrift, Port Lavaca, and Jackson County. August 21: Cummins meet with members of the Trull Foundation and others to assess the feasibility of a living shoreline project in Calhoun County adjacent to the Perry R. Bass Research Center. August 28: Cummins was finally able to make a Green Lake meeting and gave feedback on the length and content of the upcoming stakeholder survey. August 29: Service learning project at Little Chocolate Bayou Park was postponed due to high water and rain. Working in the wetland when it is wet causes more damage than good. Instead the students help prepare supplies for the upcoming beach cleanup and she helped them assemble tiles for the new playground. August 29: Another 24 pounds of used fishing line has been sent in for recycling bringing the total for 2014 up to over 100 pounds. This highly successful program continues to involve more volunteers. Direct Contacts by: Office: ll E-mail/Letters:735 Site:106 Newsletters:772 Phone:49 Volunteers:140 Major events for next month — September 2014 September 3-4: District 1 1 Fall Faculty Conference, Rosenberg September 4: Mariner 4-H meeting September 15: Cooking with Seafood September 27: Adopt -a -Beach Rhonda Cummins Name CEA -CMR Title Calhoun County August 2014 Date (Month -Year) Texas A&M AgriLife Extension • The Texas A&M University System • College Station, Texas ADM 2.6 Reprint - 2.81 D-843 EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT Miles traveled Selected major activities since last report- August 2014 August 4: Tina assisted TEEA Members during their monthly meeting. Texas Extension Educators Association also talked about their upcoming soup and salad fundraiser at the end of September. Aug 5-13: Tina was in the office working on the Cooking well with Diabetes Program that will take place in Calhoun County in the middle of September. She is teaming up with the Wesley Nurses from Methodist Ministries to put on this program to Individuals in the county free. Aug14: Tina attended the District 11 Texas Extension Association in Family and Consumer Science Meeting where they worked to plan the next state conference with will be held in Brenham, TX at the end of July. Aug.18: Tina had a meeting with her FCS committee, which consists of individuals throughout the county. They are working on holding on October 25 at lighthouse Beach a Zombie Walk for Diabetes Awareness month, which is in November. Aug.20: Tina also distributed over 100 flyers to folks that came to the Food Distribution event for child car seat safety along with offering car seat checks at the next food Distribution event in September. Aug 25-30 Tina Assisted with others from the office to put together the first Annual 4-H fishing tournament that was held in Port O'Connor during the labor day weekend. Direct Contacts: Phone19 E-mail/Letters:145 Office:10 Site:1 Website/News a er:3500 Major events for next month —September 2014 Program Planning in Rosenberg Cooking Well with Diabetes TEEA(Texas Extension Educators Association) State Conference Travel(Personal Vehicle) In County Mileage: 90 Out of County Mileage:140.92 Wharton,TX 8-14-2014 Tina Trevino fry l'o P V Calhoun Name County County Extension Aqent-Family and Consumer Science August 2014 Title Date (Month -Year) Texas A&M Agril-ife Extension Services • College Station, Texas CALHOUN COUNTY ADULT DETENTION CENTER INMATE MEDICAL COST COMPARISON FOR JULY uIV 2013 Inmate Medical Expenditures # of inmates taken to MMC 9 $spent for July inmate MMC visits to ER $20,155.02 # of inmates taken to Dentist 3 $ spent for Dental $527.00 Radiology Unlimited 9 / $2725.00 Total for MMC, RU & Dental $23,407.02 contract Medical Dr.'s visiting 7 times =5.10 hours nurse visited times=4.25 hours $ spent for contract doctor/nurse Total Medical for month of July 2013 HEB new/refill Rx's cost for 16 inmates -Total Inmate medical OTC medications not included 26823.25 - 8285.00 = $18,638.25 $2,550.00 $106.25 $2,656.25 $759.98 $26,823.25 SHP July 2014 5 2 Contract Physician: Dr. Crowley 3 times= 1.55 hours SHP LVN Sharon worked more than 15 hours per week LVN saw 40 inmates @ sick calls & screenings 63 Rx's for 27 inmates $8,185.00 SsavingSfrom last Year iustfor July 49508.78+ 18,638.25 = $68,147.03 Medico! Costs for 2014 Savings from 2013 $68,147.03 r[{ )w < a A � ! f § ! ! ))\{ 2 \[} \\Eo § })\( cc \\E0 z ®/ \\ {\ \ R / )n0 \ IL E� \ 0 9§ \\\ \ I \� \ f - / \ a� ok e,f& ±{// Eg f) { \! 2 m 02 % 2 §( } - 0-a) C � k ( E \Z7 . . � ƒ \\\ g g qj ( d . kk ,r"✓ 4_ nuthern Health DAILY REPORT OF '---tRVICES 1ST PART OF MOMH REPORT o� Partners _--- YourFa.molnARordablelnmateHealthnarc 1y0/hours &U jad SHP Site Number antl NamelSiale: 0 Monty / Year of this Report: 1-1F and Days 17-31. Please enter the number of patient seen on each day for the Then Complete the Monthly Report of Services Form using tl Southern Health DAILY REPORT OF SERVICES Partners mme.n�..m naoro�me mma.�H�amw.� SHP Site Number arul Noune/Stat Month / Yearof Nis Report ZLI an I ai TOTAL. TamoM #OF PATIENT HOSPITAL ADMISSIONS .. .i�(100-dn My No eJ an 1 4 - rO�� a-r,�r� - oo�o■r� . E�3�:a fly .� � � �:i i ©�%iFFM �:7lnJ 9 i/r'i ... fay■ r CALHOUN COUNTY ADULT DETENTION CENTER INMATE MEDICAL COST COMPARISON FOR AUGUST AUGUST 20131ninate Medical Expenditures # of inmates taken to MMC 10 $spent forJuly inmate MMC visits to ER $12,215.70 # of inmates taken to Dentist 3 $ spent for Dental $387.00 Radiology Unlimited 3 / $1275.00 Total for MMC, RU & Dental $13,877.70 Contract Medical Dr.'s visiting 5 times =4.5 hours nurse visited 4 times = 3.25 hours $ spent for contract doctor/nurse Total Medical for month of July 2013 HEBnew/refill Rx's cost for 16 inmates Total inmate medical OTC medications not included 16878.36 - 8185.00 = $8,693.36 68147.03 +8693.36= $76,840.39 $2,250.00 $91.25 $2,331.25 $669.41 $16,878.36 SHP AUGUST 2014 1 2 Contract Physician: Dr. Crowley 1 times = 1 hour SHP LVN Sharon worked more than 15 hours per week LVN saw 57 inmates @ sick calls & screenings 41 Rx's for 19 inmates $8,185.00 $ savings from last year iust for AUGUST Medical Costs for 2014 Savings from 2013 $30,000 Cost Pool Expenses paid through July 31, 2014 is $11,829.45 30000.00-11829.45 = $18,170.55 of cost pool not spent as of 7/31/14 see attached report from SHP received September 10, 2014 $76,840.39 } % { . \\00 \ )� !4n \8 ,\f:. (/ #§®#.. 7 ) \0-0 {\ \66^I« 0 ! » ! (\!f :G. � &! \ o 0 > t \ z - �� \\ \ § Southern Health DAILY REPORT OF SERVICES 1ST PART OF MONTH REP 01 Partners Yoartner In Affordable Inmate Heakbcare l fl Y /%OC WWW C/ 4 G)1 SHP Site Number end Name/Stete: Month / Year of this Report Please enter the number of patient seen on each day for the appropriate service. There are 2 p s to this report, Days 1-16 and Days 17-31. Then Complete the Monthly Report of Services Form using the totals (both columns) on page 2. Keep these forms as your back-up to your Total Fonn. '1E POPULATION ppp0©p®0o^00�®0®ii�i ITEM- � % Mr, r, , ,r-M - °0 �- a ► -�'-�:St� . ./-�C►i �: 100 Ili � ,• : oGi�n� % �IL� � F���� WA -- ,.� - - nn .-�� • n MMI L"AA - e� IG VwA •- /IL A /- DOFJiJI.�J a©ao©e©eemmm®mmm��� '�®' a mm ' • ' � �®m�m �, ' i �mii�� Southern Health Partners DAILY REPORT OF SERVICES 'row. v.,nne. in nrcoreaeieinmaoe Remeneare SHP Site Number and Name/State: r Month / Year of this Report /l2ND PART OF MONTH REPORT �ra�sarta�ii�l/i3'l•<SY�Lt�®Qiifa 'u(i' # SENT TO EMERGENCY.• ► 14�� ►i ~ !� '% rev n. ► �� . M.s/ ., ci �• ,. a -u - -MINE -v ... , �Jf:9r�i7 .. •. . �, �• 0vWE r/ - • Q�N�A/l��Jlli�JIowa= .� talDr��I� . oGi�9�E�ta BE • r.�fin RA .. a M1Elm rr1 r . ••... G�� ► i� �i� L�`t//�IrJ '% ►I�"J i tip ! .L tip `:'CAL ADMINISTRATORS SIGNATURE: ZIo7:.51 z&q9L,717 - cV/V MTA—Keepyouroz%lmt inaf3elnyouroUrormteramudmvi-w. Please share Ihk information at your Monthly and Quarterly Maatingswn Medial Staff and Jail AtlminBhetion. Share infermarlon Win your Medical ��7 12/1/2013 — 09/10/14 Calhoun County TX $11,829.45 r7305- Dental $453.00 Emergency Room $6,771.40 Pharmacy $4,165.05 XRay $440.00 7305 - Calhoun County TX Total Cost Pool Expenses $11,829.45 Cost Pool Limitation $30,000.00 Total Costs Exceeding Cost Pool $0.00 Tier 1 Costs ($30,000.00` @ 0.00 %) N/A Total Billable Cost Pool Expenses $0.00 Total Billed Contract Year -To -Date $0-00 Total Billing Costs This Billing Cycle $0.00 Service Date Inmate Name - Vendor `-.Amount Voided 7305. Calhoun County TX '+�ie2LCA� �Si 'cr 3� .p z� sw 2'e t � N��.1�+ i. �� w a �+� ��.{�M1 e. � Dental Expenses 6/4/2014 Port Lavaca Family Dentistry PLLC $209.00 * 6/4/2014 Port Lavaca Family Dentistry PLLC Emergency Room Expenses $244.00 1/1/2014 Memorial Medical Center $2,701,98 2/20/2014 Memorial Medical Center $26.48 * 3/11/2014 Memorial Medical Center $67.25 * 3/25/2014 Memorial Medical Center Memorial Medical Center $318.16 * $424.16* 4/12/2014 5/1/2014 Memorial Medical Center $126.91 * 5/3/2014 Victoria Professional Medical Consultant $54A1 * 5/4/2014 Memorial Medical Center Radiology Unlimited PA $1,124.76 * $6.95 * 5/4/2014 5/4/2014 Victoria Emergency Phys $67.78 5/8/2014 Memorial Medical Center $1,063.09 5/8/2014 Victoria Professional Medical Consultant $113.69 5/22/2014 Victoria Emergency Phys $105.40 5/28/2014 Victoria Emergency Phys $79.62 6/7/2014 Victoria Professional Medical Consultant $98.98 6/13/2014 Victoria Professional Medical Consultant $54.41 6/17/2014 Victoria Emergency Phys Memorial Medical Center $54.41 $79.62* 6/18/2014 6/18/2014 Radiology Unlimited PA $37.69 * 7/1/2014 Victoria Professional Medical Consultant $86.04 * 7/3/2014 Victoria Professional Medical Consultant $79.62 Pharmacy Expenses 1/31/2014 JANUARY BILL PHARMACY Clinical Solutions $321.81 2/28/2014 FEBRUARY BILL PHARMACY Clinical Solutions $660.58 3/31/2014 MARCH BILL PHARMACY Clinical Solutions $397.70 3/31/2014 MARCH BILL PHARMACY Clinical Solutions $123.59 4/30/2014 APRIL BILL PHARMACY Clinical Solutions $416.95 4/30/2014 APRIL BILL PHARMACY Clinical Solutions $8.54 APRIL BILLPHARMACY Henry Schein $7.43 MAY BILL PHARMACY Clinical Solutions $620.15 JUNE BILL PHARMACY Clinical Solutions $667.17 JULY BILL PHARMACY Clinical Solutions $898-82 VE JULY BILL PHARMACY Clinical Solutions $34.82 AUGUST BILL PHARMACY $7.49 XRay Expenses APRIL BILL XRAY Correctional Mobile Medical Services $55.00 5/31/2014 MAY BILL XRAY Correctional Mobile Medical Services $55.00 6/30/2014 JUNE BILL XRAY Correctional Mobile Medical Services $220.00 7/31/2014 JULY BILL XRAY Correctional Mobile Medical Services $110.00 APPROVAL OF PAYROLL: N/A PRE -APPROVE EXPENDITURES BY INCUMBENT COUNTY PRECINCT OFFICERS) UNDER COUNTY'S POLICY OF COMPLIANCE WITH LGC 130.908: N/A APPROVAL OF BILLS: Commissioner Fritsch made a motion to pay Memorial Medical Center bills in the amount of $2,062,342.59. Pay Indigent Healthcare Fund Expenses in the amount of $16,617.90, making a grand total of $2,078,960.49 to be paid. Commissioner Lyssy seconded that motion. Commissioner Fritsch made a motion to pay 2014 County bills for vendor disbursements $940,135.78. Transfer between funds for Indigent Healthcare in the amount of $16,617.90, making it a grand total for approval of $956,753.68 to be paid. Commissioner Lyssy seconded that motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----- September 26, 2014 PAYABLES AND PAYROLL 8/6/2014 Payroll Liabilities $ 88,472.62 8/6/2014 Weekly Payables 13.988.28 8/7/2014 Weekly Payables 392,903.41 8/8/2014 Weekly Payables 24,481.73 8/11/2014 Dep Item Returned 250.00 8/13/2014 Dep Item Returned 100.00 8/13/2014 Patient Refunds 26,880.93 8/13/2014 Weekly Payables 56,611.09 8/14/2014 MMC Payroll - ACH 2,521.69 8/14/2014 MMC Payroll - ACH 226,618.46 8/1412014 MMC Payroll- - Checks 1,306.01 8/15/2014 Emp Ins/ 403B Plan 24,340.79 8/15/2014 TCDRS 155,412.69 8/18/2014 Weekly Payables 50.00 8/18/2014 Credit Card Payment 1,079.98 8/18/2014 Credit Card Payment 2,421.96 8/19/2014 Payroll Liabilities 85,041.25 8/19/2014 Weekly Payables 3,019.01 8/21/2014 Weekly Payables 412,912.37 8/26/2014 Weekly Payables 897.06 8/26/2014 Weekly Payables 153,745.97 8/26/2014 Weekly Payables 1,338.75 8/26/2014 Weekly Payables 2,520.80 8/27/2014 MMC Payroll - ACH 230,593.44 8/27/2014 MMC Payroll - Checks 1,425.32 8/28/2014 Weekly Payables 11,989.66 8/31/2014 Monthly Electronic Transfers for Payroll Expenses(not ind above) 1,344.20 8/31/2014 Monthly Electronic Transfers for Operating Expenses 5,832.75 Total Payables and Payroll IRYIMI:&161714 WIN140,111i11:7_10,61y=:i-9 Inter -Government Transfers for August/2014 Inter -Government Transfers for August/2014 Total Inter -Government Transfers INTRA-ACCOUNT TRANSFERS 8/27/2014 From Operating to Private Waiver Clearing Fund 134,242.37 From Private Waiver Clearing Fund to Operating Totallntra-Account Transfers SUBTOTAL MEMORIALMEDICAL CENTER DISBURSEMENTS INDIGENT HEALTHCARE FUND EXPENSES $ 1,928,100.22 $ 134,242.37 $ 2,062,342.59 16,617.90 GRAND TOTAL DISBURSEMENTS APPROVED September 26, 2014 $ 2,078,960.49 MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ---- September 25, 2014 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES Clinical Pathology Labs Michelle M. Cummins MD HEB Pharmacy Mau-Shong Lin MD Memorial Medical Center (Physicians fees $0/ out -patient $265.511 ER $3,126.98) Memorial Medical Clinic Port Lavaca Anesthesia Group Port Lavaca Clinic Assoc Radiology Unlimited PA Regional Employee Assistance Victoria Eye Center Victoria Heart & Vascular Center Victoria Professional Medical Victoria Surgical Associates SUBTOTAL Memorial Medical Center (Indigent Healthcare Payroll and Expenses) 110.78 359.45 944.46 46.73 3,392.49 259.43 747.35 1,002.17 402.29 1,226.84 112.00 33.27 427.04 816.06 9,880.36 6,737.54 TOTAL APPROVED INDIGENT HEALTHCARE FUND EXPENSES 16,617.90 **$ 470.00 in Co -Pays were collected by Memorial Medical Center in August 2014 September 25, 2014 2014 APPROVAL LIST - 2014 BUDGET 33 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 32 $ 457,874.61 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 3,480.48 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 1,497.70 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 969.24 ABILA A/P $ 5,462.00 AT&T A/P $ 49.96 CABLE ONE A/P $ 683.77 CARDMEMBER SERVICE - COUNTY A/P $ 4,084.31 CENTERPOBJT ENERGY A/P $ 1,222.34 CITY OF PORT LAVACA A/P $ 3,823.93 CPL RETAIL ENERGY A/P $ 63.34 GALLS, LLC. A/P $ 650.66 GBRA A/P $ 128.00 INTERNAL REVENUE SERVICE A/P $ 82,208.85 TEXAS ASSOC. OF COUNTIES- HEBP A/P $ 356,516.73 TISD, INC A/P $ 10.00 VERIZON SOUTHWEST A/P $ 2,891.12 VOYAGER A/P $ 16,693.40 WASTE MANAGEMENT A/P $ 1,825.34 TOTAL VENDOR DISBURSEMENTS: $ 940,135.78 CALHOUN COUNTY INDIGENT HEALTH CARE A/P $ 16,617.90 TOTAL TRANSFERS BETWEEN FUNDS: $ 16,617.90 TOTAL AMOUNT FOR APPROVAL: $ 956,753.68 ACCEPT DONATIONS TO CALHOUN COUNTY: N/A MATTER OF TRANSFERRING CERTAIN ITEMS OF COUNTY PROPERTY FROM ONE COUNTY DEPARTMENT TO ANOTHER COUNTY DEPARTMENT: N/A MATTER OF DECLARING CERTAIN ITEMS OF COUNTY PROPERTY AS SUPLUS/SALVAGE: N/A DECLARE CERTAIN ITEMS OF PROPERTY IN THE ADULT DETENTION CENTER AS WASTE AND AUTHORIZE DISPOSAL OF SAME: Commissioner Fritsch made a motion to declare certain items of property in the Adult Detention Center as waste and authorize disposal of the same. Commissioner Lyssy seconded his motion Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: WASTE DECLARATION DATE: September 25, 2014 Please place the following item(s) on the Commissioner's Court agenda for the dates) Indicated: AGENDA FOR SEPTEMBER 25, 2014 *Consider and take necessary action to accept Calhoun County Detention Center property which is no longer being used as waste. See attached list. Sincerely George Aleman Calhoun County Sheriff Calhoun County, Texas WASTE DECLARATION REQUEST FORM Department Name: U' -6)(s J k- ,k. Requested By: P—kdk.�A MOQV: -�/ / Inventory 0 Number Descrintion Serlal No. Reason for Waste Declaration ii #.: � v_,��•di.. R�m�_v�er1i Ylxs Sf\ "t. +:: �Y .aw'. a -e�N 1' ' - ' k-�t a-�'k't - •l� '-l''.a..t--. .- . - ab`^+ � N � It.�_� ,.... ,. _ a'a'i`.L".�i3't343.'�4tl`m'� :7 ,�mbiid.�: i i r OWEo i ��.� d rl � �� ► I� I p BUDGET ADJUSTMENTS: Commissioner Fritsch made a motion to approve budget adjustments. Commissioner Lyssy seconded his motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. A ti ly e N a 3 0 y T 11 m ra a a a a = a 3 v= 3 3 v= m z D m m m=_ m Z=_ = n m Z- o< m cn z 3 m= a �= m �= m Z= c 3= �= z 3= z A r Zm A ( m m= 0 u n m Z= O �_ n m co = H O m=_ A m= v mzz� n A N_ n C�= o 000 { o o 2 3 c) c) y C1= w y z z 0 3 C=_ n W= c A o o t 2 = a n m o = W = 4 = a = _ M m= o o O o m= Z= Z= Z Z =_ y y e =_ 0 0 o a 0= W= O O O a y = = O O Efl O T ^T = O O O O = C3 _ o 0 0 0 O 0 W 0 W O 0 0 M CaJ n M 7 A y n A G a 0 z c O n m m m n r C 5 A z e m A a: z a m m m m=_ m Z5 z° Z w a= 3= 0 m_ m n=_ v O= Z= � C � z A �_ r= o m =_ O�19 tyi � 0 0 z n W r m m m z 0 i 0 a r O Z m ;o n o a 2m� mz z -1 C v v Fri J (O y J�z z )0 �D H a 3 0 0 z n m r m m 2 z 0 1 it 0 n r 0 fA O =m :z im 0 i n a m y m m � 3 i (CO 1-0 ) r >U) '7 m a z r z m i m 3 i a z A c ;-a, o C n m m m n r C R w Iy� W e, d) to _ Z T NOS = n a m O a a 3 3 v= z m m= m z y �- m C Z= < G w O OZ v Z= z W a =_ a o 3= OCR G m= O�a M = c 3 v 3= m= Z a m O C 000 0 �- 3AA a= m m O r= n Z�DZ �a m=_ X_ z 9 T m ci _= O O r r m o 2 = a O O O O y �� f» Vi EA EA mrtr m= o oOo z i2 O - 9 ir1 T = M fA d3 1yi'I N N O N �n T � fA fT/J CaA a Vi O LL s ly O m g w Z w C m X v zz a 0 A C C t A ni a c 0 n m m Z n r c v v=_ m=_ m= z= c = Z z= v N =_ O O= 0= O p = O A rn w a A O y �o0 -1 o r m oc c 0 y m m Z m Z 3 m -ZI m a O 2 e 3 2 2 o V r 0 Z c +, m z mm 3 r m o Z C a ? y m m D n o O Z m i0 A 0 0oo z z n 3 c) G) C Az 2z z D e a 2 z a a m 3 O O 4 a r r s� �Z O O O o �C4C y !YY fA f9 EA fA T O O O o T O 0 0 0 T Ae'I ea e fA EA to 9 'GCS e Ego v T 0 0 0 0 C3 F �a 0 m O O rn rn rn rn a A O (n A y 000�oo m<c-im 0m��� v n m 0 m r N o z m D m a OCom c c r W z m z C< x0 co m U) � Cl) m O z U) as m co co co com e z z z z z 00000 G) Q 6) G) 0 �1 A 7J :0A D D D D D Z Z Z Z Z a NO aZ 9 EA EA EA H3 T > o O O o T a y 9 EA EA EA fA T > o O O o 2Re Z T �^am EA fA 0 0 0 0 0 O 0 0 0 0 0 0 v: m: �o a: is 3 m: z; i; Z: W^i T NE z v n m m m n r C O 11 l� ;Z z m - j r A O c 0 m 0 0 c z (O y e z )o O �D i z z z z i oo� N N v Q y m00 2 Y 00 mc c fa/! (4 o c) rri m ? W m O v A 3 D Ti zz 00 z z �� a 3 N O � E =fA y) PR C C OEMa rn rn a, yym fA N (P 99 F di O O y T 4 0 0 0 0 0 0 c r m U) La c� M� m r z 3 z m 0 c 0 9m O o 0 0 T � a�y bf fA f9 EA T O O O O O m m v z Z a 0 O c z v m=_ o a /r = ME 0= z 0 m m m n r C O c Z 0 0 I A v; m: a; �i m: Z: 'i z a: m M : m; <i ms ZE C: m; v= o m= Ja=__ l =_ 3= » m=_ Z= -I = z= 0= y= o o N � c0 N = = � O o o N o J Ja A m z 0 m: �: (011 y ome a 3 3 0 c z i Z o O M: m: o a Z: m 0 O V ZE D Z a: ca z m: O 3 C r 0 : W: z � N � C o C p v a 00 O r G) 0 C zz v 3 rn i m P9 a 0 0 0 V O c m N a i c 0 a m m m n C O O O a a m m m; m! H iN 10 ion �' r m; i m Im 3 Z I D -1 0; a; m 3 pi o a a m z: i m 23 m A p! >OO > c) o 3 m �o Z 3 �! � o � 2 Z: n y 4 � v �o VJ �: i EflT �e z a OE EA fT� � T C O ) O CaA T WT O O T O Ca/J y T O O i a y l DIM Z W >� o >3 m m m pm =_ c A a O �y Z 0 0 4 �_ Z -� z 3 = m m m ME Z _ 6) (DA = rrl O z V W Z__rri Z' m �= n = m r m= D -n 3 7G =_ m m pp C m Z C= m m=_ A m ZB c= a m D m° a Z C = q =_ Z O i C) 2 9 F A lD N o 0 v 0 Em m 90y A mc m z 3 m z m O m 2 3 2 Y v r Z zc v ' m m r 0c m m 0 g 1 z A A � Z c m goy m coo m y � C A zz 00 a 3 Zzz -i -Zf S N N Q 3 a14 m a Do it, 2 n Y _ � a T W fA Efl O O 0 n 0 z z 0 to A 0 m v m n z O 1 N 0 O D r 0000 c z: Z C Cnim Fn u) M n m w`� cm m v Cl) m 0 zo 1 A U) m D A mmco= 0 000 zz -I11y Z T r! T (�WP cvOD J a 0 0 O a z ti m O z 0 V v 0: m: a: l: m z: z: N: ul : G: c 0 n m m m n r C v c 0 Z e )� _■ / § ■ � ) k k x 2 § . x -m § ,k§ 2 V §■2 22■ mq§ R. _OEM }§pmr m k § § ) fA § § % 2 � o: m: »: m: z: z: @: $: o: I A v€ ME T: a€ ME iE 3E ME zE i@ Z€ aE ME ZE 0: v mE a: XE iE 3E ME ZE i. c v a m Tn U y C O C �I m m A T T 0 0 a r n O to v D 0 m m �u a O { x z 3 m m A z z z m m m' z o �o a: m m �: m 2 iE z mE m ZE H i z A ZE mE m i =' m mE g �E m �E z A N IC1� M y 0 < a m z y 9 Z m 0 n 0 n Z 0 W A O m m v A m O z 1 A 0 n r l-0 X )-bo m np Ro 7 m o a m i C - v v m co ) N A a eyTf F � J O W (O O V O c a m m m n r c n z 0 0 m D A m m z -i 0 n r Y J J J J a O O O O n J J J J y (P N N U) 0 0 0 C) D D D D r r r r 0000 aT-0- -ovvv 0000 R W N m co coOz (O (O (O (O y 0 0 0 0 Z m z z z z 0000 c)OOO zZ Z Z Z H a 1 fA f9 ffl EA T O O o 0 m Z T � � Z Fn e m 9 0 z W c 0 m m i r O a a c C i N 0 A m m z C m z 0 0 m D A m m 4 0 n r v= o 0 m=_ �o = Ja=__ l = 3= m= z= c o 0 z= 0 O �= N = O = to tT <n N = V V = O O O N O) N y O O O O C `��-i r z O m y0,zm Fn U) > m a-<� Z C) El Y m �a CC) 3 m co co co co z 0 z z z z 0000 D D D D z z Z Z a 3 iM m va t» t» cn m l O O O o 1 V3 (p EA Vi T a T O O O o T i ZCZ wtD A A �rn•� m m v zz a n ff 0 c z N m v x m; a; tj m: 2 3s c M. z; z W a m: Z: 0: v m: �o na, a'• C �p y � c m: zs, v= m=_ a= A = _ m= m= z= z= 0= c v Z O N W O a A A A A A A A A 7 0 0 0 0 0 0 O N A W N C T T T z m M M m m m m m m m 6 LLLLL C)L cccccc U) in co co � j 10 C)C)C)0 M. 0mmmmmA m o o o o o y N T T T T T 9 v v v v T 3 W —NI DDDDDT m 0 0 0 0 O mmmmm -o-0-0-uv ;0 A;D A.0 m m m m m 00 c) 0C) co co <o co co co (O (O (O (O (O (O y 3 0 m z z z z z z 0000000 g c) GA)) 077 G) G;U Z ;G;[)1 D D D) D D D Z m Z--1-Zi-Zi-Z i-1-8� m O `az z W V y m 3 en 0 O a a r r EA EA EA EA EA y A O A� O O W N W cNo 'yi'1 W W A (O A (O 0 0 0 0 0 0 0 0 s� 0 0 0 0 0 0 0 0 m ea z EN fA EA E9 EA fA EA ffl 1"R O 0 0 0 0 0 0 0 ra E9 EA EA fA EA a y a F T R1 v= m= a=_ M= m- z Z= o= ip SINGLE SOURCE, EMERGENCY AND PUBLIC WELFARE PURCHASES AND BILLS: N/A PUBLIC DISCUSSION OF COUNTY MATTERS: Commissioner Galvan stated he has not received any material for County Road 101 in the last three weeks. He stated we are still lacking about 100 trucks just on the limestone. Commissioner Finster gave an update on the EMS Substation stating most of the dirt work has been done as far as building the property up. Commissioner Finster also stated there have been 13 alligator permits issued and only 6 alligators have been caught. Commissioner Fritsch stated we still need to select a Selective Service Appointee from this Court. Commissioner Fritsch had been appointed to the position but cannot take the position because he is an Elected Official. He has talked to Jack Mageluzzo about this position and next Court meeting he would like to get him approved as the Selective Service Officer. COURT WAS ADJOURNED AT 10:27 A.M.